- This action is filed by William M. Windsor (“WINDSOR” or “PLAINTIFF”), one of the owners of Coach Houses at Leesburg Condominium Association, Inc. (“ASSOCIATION”).
- The ASSOCIATION is a 32-unit condominium project in Leesburg, Florida with 32 owners. The ASSOCIATION has failed to comply with the requirements of the Condominium Act, the ASSOCIATION’s Declaration, Articles of Incorporation, Bylaws, Rules, and Florida law.
- The ASSOCIATION is incorporated under Chapter 617, Florida Statutes, the “Florida Not for Profit Corporation Act,” and is subject to its laws. Florida Statutes Section 617.07401 authorizes members to bring lawsuits in the right of their non-for-profit corporation. Windsor took his complaints to the ASSOCIATION, the purported Board members, the attorneys acting for the ASSOCIATION, and the ASSOCIATION management company. The corporation was given every opportunity over the last two years to conduct an independent and reasonable investigation to determine if a lawsuit against the attorneys and management company was in the best interests of the corporation.
Section 718.303(1), Florida Statutes, provides a cause of action for damages or equitable relief that may be pursued by either an association or unit owner.
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